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^ii UfahARY 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



FINAL DECISION LETTERS 



PROPOSED RULES 



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CONa 

TlTUl 11 y) I' 

tiomI II ^ 



Agriculture 

Commerce 

Human Resources 

Insurance 

NRCD 

State Personnel 



ISSUE DATE: MAY 1, 1989 



Volume 4 • Issue 3 • Pages 193-216 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE COD! 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North CaroHna 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 11666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 



ADOPTION, 



AMENDMENT, 
RULES 



AND REPEAL OF 



An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Re\'iew Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effective when adopted and remains in 



effect for the period specified in the rule or 180 d 
whichever is less. An agency adopting a temporary 
must begin normal rule-making procedures on the 
manent rule at the same time the temporary rul 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODJ 

The North Carolina Administrative Code (NCAC 
a compilation and index of the administrative rule 
25 state agencies and 38 occupational licensing boa 
The NCAC comprises approximately 15,000 letter 
single spaced pages of material of which approxin 
ly 35% is changed annually. Compilation and pub 
tion of the NCAC is mandated by G.S. 150B-63(b) 

The Code is divided into Titles and Chapters. I 
state agency is assigned a separate title which is 
ther broken down by chapters. Title 21 is design 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minir 
cost of two dollars and 50 cents ($2.50) fo 
pages or less, plus fifteen cents ($0.15) per 
additional page. 

(2) The full publication consists of 52 volu 
totaling in excess of 15,000 pages. It is 
plemented monthly with replacement pag 
one year subscription to the full publicatio 
eluding supplements can be purchased 
seven hundred and fifty dollars ($750.00 
dividual volumes may also be purchased 
supplement service. Renewal subscription 
supplements to the initial publication avail 

Requests for pages of rules or \'olumes of the N 
should be directed to the Office of Administr 
Hearings. 

NOTE 

The foregoing is a generalized statement of the 
cedures to be followed. For specific statutory langi 
it is suggested that Articles 2 and 5 of Chapter 15( 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, i 
page number and date. 1:1 NCR 101-201, April 1, 
refers to Volume 1, Issue 1, pages 101 through 2 
the North Carolina Register issued on April 1, 1 







of 



i 

le, 
86 



of 



North Carolina Register. Published bi-monthly 
the Office of Administrative Hearings, P.O. Drav 
11666, Raleigh, North Carolina 27604, pursuant 
Chapter 150B of the General Statutes. Subscriptic 
one hundred and five dollars ($105.00) per ye 
North Carolina Administrative Code. Publisf 
in looseleaf notebooks with supplement service 
the Office of Administrative Hearings, 
Drawer 1 1666, Raleigh, North Carolina 27604, p 
suant to Chapter 150B of the General Satut 
Subscriptions se\en hundred and fifty doll 
($750.00). Individual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Ojjlce of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, .\C 27604 

(919) 733 - 2678 



Robert A. Melott, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly \Iasich, 

Director APA Services 



I. FINAL DECISION LETTERS 

Voting Rights Act 193 



II. PROPOSED RULES 
Agriculture 

N. C. Plant Conservation 

Board 196 

Commerce 

N.C. Cemetery Commission.... 198 
Human Resources 

Facility Services 199 

Insurance 

Fire and Casualty Division 202 

NRCD 

Environmental Management.... 202 

Wildlife Resources 
Commission 207 

State Personnel 

Office of State Personnel 210 

III. CUMULATFVE INDEX 215 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 






NORTH CAROLINA REGISTER 

Publication Deadlines and Schedules 

(January I9S9 - May 1990) 



Issue 


Last Day 


Last Day 


Earliest 


* 


Date 


for 


for 


Date for 


Earliest 




Filing 


Llectronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 

Agency 


Date 


++++++++ 


+**+++♦+ 


++++++++ 


++++++♦+ 


t + + + + + ti 


01/02/89 


12,08/88 


12/15/88 


02/01/89 


05/01 '89 


Oi; 16/89 


12/27/88 


01/03,89 


02/15/89 


05/01/89 


02/01/89 


01,10/89 


01/17/89 


03/03/89 


06/01 '89 


02/15/89 


01/26/89 


02/02/89 


03/17/89 


06/01,89 


03/01/89 


02 08 89 


02/15/89 


03/31/89 


07/01 89 


03/15/89 


02 21,89 


03/02/89 


04/14/89 


07/01/89 


04/03/89 


03 10;89 


03/17/89 


05/03/89 


08/01 '89 


04/14/89 


03,23,89 


03/31/89 


05/14/89 


08/01/89 


05/01/89 


04/10 89 


04/17/89 


05/31/89 


09/01,89 


05/15/89 


04/24/89 


05 01,, 89 


06/14/89 


09/01 89 


06/01/89 


05/10 89 


05 17/8" 


07/01/89 


10/01,89 


06/15/89 


05 24 89 


06/01/89 


07/15/89 


1001/89 


07/03/89 


06 12/89 


06/19/89 


08/01/89 


11/01/89 


07/14 89 


06 22 89 


06/29/89 


08/13/89 


11/01/89 


08/01 '89 


07/11 89 


07/18/89 


08/31/89 


12,01/89 


08/15/89 


07 25 '89 


08/01/89 


09/14/89 


12/01/89 


09 01/89 


08 11 89 


08/18/89 


10/01/89 


01,01,90 


09/15/89 


08/24 '89 


08/31/89 


10/15/89 


01/01,90 


10/02/89 


09 11 89 


09/18/89 


11/01/89 


02,01/90 


10/16/89 


09,25 89 


10/02/89 


11/15/89 


02,01 90 


11 01/89 


10 11/89 


10/18/89 


12/01/89 


03 01 90 


11/15/89 


10 24 89 


10/31/89 


12/15/89 


03/01,90 


12/01/89 


11, 07; 89 


11/15/89 


12/31/89 


04/01/90 


12/15/89 


11 '22 89 


12/01/89 


01/14/90 


04,01/90 


01/02/90 


12 07/89 


12/14/89 


02/01/90 


05/01/90 


01/1690 


12/20 89 


12/29/89 


02/15/90 


05/01/90 


02/01/90 


01 '10 90 


01/18/90 


03/03/90 


06/01/90 


02/15/90 


01 25 '90 


02/01/90 


03/17/90 


06,'01'90 


03 '01/90 


02 08 90 


02/15/90 


03/31/90 


07/01/90 


03/15/90 


02 22,90 


03/01/90 


04/14/90 


07/01/90 


04/02 '90 


03';2'90 


03/19/90 


05/02/90 


08/01 '90 


04' 16 90 


03 23 '90 


03/30/90 


05/16/90 


08,01 '90 


05/01/90 


04 09 '90 


04' 17/90 


05/31/90 


09 '01/90 


05/15/90 


04 24 '90 


05,01/90 


06/14/90 


09/01/90 



* The "Earliest Effecth'e Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", thai the agency files the rule with The Administrati\'e Rules Re\'iew 
Commission by the 20th of the same calendar month and that ARRC approves 
ihc ride at the next calendar month meeting. 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



[G.S. I20-30.9H, effective July 16, 1986, requires that all letters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



WBR:MAP:TGL:gmh 
DJ 166-012-3 
W2774-2776 
W478 1-4786 



U.S. Department of Justice 
Civil Rights Division 



Voting Section 
P.O. Box 66128 
Washington, D.C. 20035-6128 



August 19, 1988 



William Sam Byassee, Esq. 
Smith, Helms, MuUiss & \loore 
P. O. Bo.\ 21927 
Greensboro, North Carolina 27420 

Dear Mr. Byassee: 

This refers to Chapter 1016 (1988), which provides for a change in the method of election from 
at large to five single-member districts and two at-large positions (elected concurrently with single-shot 
voting permitted), the districting plan, the increase to seven members, the implementation schedule, and 
the election schedule; and Chapter 173 (1965) which provides for four-year, staggered terms and the 
November 8, 1966, special election for the board of commissioners in CasweU County, North Carolina, 
submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 
42 U.S.C. 1973c. We received your initial submission on June 22, 1988; supplemental information 
was received on August 16, 1988. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. In addition, as authorized by Section 5, the Attorney General reserves 
the right to reexamine this submission if additional information that would otherwise require an ob- 
jection comes to his attention during the remainder of the sixty-day review period. See the Procedures 
for the Administration of Section 5^28 C.F.R. 51.41 and 51.43). 



Sincerely, 



Wm. Bradford Reynolds 
Assistant Attorney General 
Civil Riahts Division 



By: 



cc: R. I ee Farmer, Esq. 
Parmer and WatUnston 



Gerald W. Jones 
Acting Chief, Voting Section 



NORTH CAROLINA REGISTER 



193 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

JPT:DBM:TGL:rac 

DJ 166-012-3 Voting Section 

Y0222-0224 P.O. Box 66128 

Washington, D.C. 20035-6128 

January 12, 1989 

William Sam Byassee, Esq. 
Smith, Helms, MuUiss & Moore 
P. O. Box 21927 
Greensboro, North Carolina 27420 

Dear .Mr. Byassee: 

This refers to the establishment of two polling places and the elimination of a polling place in 
Caswell County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the 
Voting Risjhts Act of 1965, as amended, 42 U.S.C. 1973c. We received your submission on November 
21, 19"88. ^ 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 

51.41). 

Sincerely, 



James P. Turner 
Acting Assistant Attorney General 
Civil Rights Division 



By: 



Barry H. Weinberg 
Acting Chief, Voting Section 



/ 94 NOR TH CA ROLINA MEG IS TER 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



U.S. Department of Justice 
Civil Rights Division 

JPT:DBM:KIF:imc 

DJ 166-012-3 Voting Section 

Y1935 P.O. Box 66128 

Y4053 Washington, D.C. 20035-6128 

March 29, 1989 

William Sam Byassee, Esq. 
Smith, Helms, Mulliss & Moore 
P. O. Box 21927 
Greensboro, North Carolina 27420 

Dear Mr. Byassee: 

This refers to the procedures for conducting the May 2, 1989, and August 15, 1989, special 
elections in Caswell County, North Carolina, submitted to the Attorney General pursuant to Section 
5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your initial submission 
on January 30, 1989; supplemental information was received on February 9, 1989. 

The Attorney General does not interpose any objections to the changes in question. However, 
we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the 
failure of the Attomey General to object does not bar any subsequent judicial action to enjoin the 
enforcement of such changes. In addition, as authorized by Section 5, the Attomey General reserves 
the right to reexamine this submission if additional information that would otherwise require an ob- 
jection comes to his attention during the remainder of the sixty-day review period. See the Procedures 
for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 

Sincerely, 



James P. Turner 
Acting Assistant Attomey General 
Civil Rights Division 



By: 



Barr>' H. Weinberg 
Acting Chief, Voting Section 



NOR TH CAROLINA REGIS TER 195 



PROPOSED RULES 



in LE 2 - DKPARTMEN r OF 
ACRICLLTIRE 

l\otice is hereby given in accordance with G.S. 
1 508- 12 that the .\.C. Plant Conservation Board 
intends to amend nde(s) cited as 2 NCAC lOG 
.030/ and .0302. 

1 he proposed effecth-e date of this action is 
.September I. I9S9. 

1 he public hearing will be conducted at 1 :00 
p.m. on June 2, I9S9 at Board Room. Agriculture 
Building;. I IV. Edenton St.. Raleigh, S'.C. 



Co 



omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to Robert D. Sutter, Plant 
ConscfTation Program, .\C Department of Agri- 
culture, P.O. Box2''647, Raleigh. SC 2761 1. 

CHAF'TER 10 - PESTICIDE AND PLANT 
PROTECTION DIMSION 

SLBCHAPIER lOG - PLANT INDUSTRY 

SECTION .0300 - ENDANGERED PLANT 

SPECIES LIST: THREATENED PLANT SPECIES 

LIST: LIST OF SPECIES OF SPECIAL 

CONCERN 

.0301 ENDANGERED PLANT SPECIES LIST 

As authorized by G.S. 106-202.12 through 
106-202.19 of the Plant Protection and Conser- 
vation Act of 1979. the North Carolina Plant 
Conser\'ation Board hereby establishes the fol- 
lowing list of endangered plant species: 

(1) Acschvnomeme \'irginica -- (L.) B.S.P. 
Sensiti\e .loint N'etch: 

(2) f-H .Vrenaria alabamensis -- (.McCormick, 
Bozeman & Spongberg) Wyatt 
Alabama sandwort; 

(3) f54 .-\renaria godfreyi -- Shinners 
Godfrey's Sandwort; 

(4) (4^ Arenana unillora -- (Walter) Muhl. 
Single Mowered Sandwort; 

{5) Arethua bulbosa ^ L. 
Bog Rose: 

(6) (-44 Asplemum heteroresillens — W. H. 
Wagner 

Carolina Spleenuort Fern: 

(7) fi) Asplcnium monanthes — L. 
Single Sorus Splcenwort Fern; 

(5) f^ Brv'ocrumia andersonii -- (Bartr.) ^An- 
ders. 

Gorae moss; 



(9) (4^ Buckleya distichophylla - (Nuttall) 

Torrey 

Piratebush; 
fS) Camaooia ocilloidoo — ft^ 

WiW Hyacinth; 

(10) Calamo\ilfa brevipilis -- (Torrey) Scribner 
Pine Barrens Reedgrass; 

(11) Cardamine micranthera ^ RoUins 
Small-anthcred Bittcrcress; 



(12) H^ Care.x aenea -- Femald 
Femald's Hay Sedge; 

( 13) (44^ Carex barrattii — Schweinitz and Tor- 
rey 

Barratts Sedge; 

( 14) f4-H Carex purpurifera — Mackenzie 
Purple Sedge; 

( 15) Carex schweinitzii -- Dewev ex Schweinitz 
Schweinitz s Sedge: 

( 16) f4-54 Cystoptens X tennesseensis - Shaver 
Tennessee Bladder Fern; 

( 17) f444 Dalibarda repens - L. 
False Violet; 

(18) f4-H Delphinium exaltatum — /Viton 
Tall Larkspur; 

( 19) Fchinacea lae\igata -j_ (Bovnton and Bea- 
dle) Blake 

Smooth Coneflowen 

(20) f44-)- Fupatonum resinosum -- Torrev ex 
DC 

Resinous Joe- Pye- Weed; 

(21) {-Wf Gcntiana crinita -r Froelich 
Fnnged Gentian; 

(22) Geum radiatum -j_ Michaux 
Spreading i\\cns; 

(23) (-4^ Cjlycena nuhigena -- W.A. .Anderson 
Smokey .\Itn. Mannagrass; 

(24) (-4-&+ Grammitis nimbata -- (Jenm.) Proctor 
Dwarf Polypody Fern; 

(25) f4% Helianthus schweinitzii -T. & G. 
Schweinitz' Sunflower; 

(26) (404 Hexastylis contracts -- Blomquist 
Mountain Heart Leaf; 

(27) f344 HexastyUs naniflora — Blomquist 
Dwarl^-flowered Heart Leaf; 

(28) {i^ Ihdrastis canadensis - L. 
Goldenseal: 

(-3^ Ht?* amt ' lanoliier — M i\ Curtio 
Sani>: . Holly: 

(29) (-544 Isotria medeoloides -- (Pursh) Raf. 
Small NMiorled Pogonia; 

(30) f^ Juncus trifidus ssp. carolinianus — 
Hamet ,\ht. 

One Flowered Rush; 

(31) (44<4 Kahrua cuneata — Michaux 
White Wicky; 

(32) (-3^ Lindera melissaefolia - (Walter) 
Blume 

Southern Spicebush; 



196 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(33) (5^ I indcra subcoreacea -- Wofford 
Bob Spice Bush; 

(34) {29^ Lysimachia aspcrulaefolia — Poiret 
Rough-leaf [x)osestrife; 

(35) lAsimachia fraseri ^^ Duby 
Fraser's Loosestrife; 

(36) Muhlenbergia torreyana ^ (Schultes) 
Hitchcock 

Torrey's Muhly; 

(37) (4% Narthecium americanum -- Ker 
Bog Asphodel; 

(38) (44) Orthotrichum keeverae -- Crum & 
Anders. 

Keever's bristle moss; 

(39) {m Oxypolis canbyi -- (Coult. & Rose) 
Fern. 

Canby's cowbane; 

(40) f44) Pamassia caroliniana — Michaux 
Carolina Grass-of-Pamassus; 

(41) (44^ Pellaea X wrightiana -- Hooker 
Wright's Cliff-brake Fern; 

(42) f4^ Plantago cordata — Lam. 
Heart-leaf Plantain; 

(43) Plantago sparsiflora ^ Michaux 
Pmclaiid Plantam; 

(44) I'latanthera intcgrilabia -- (Correll) Leur 
White F'ringeless Orchid; 

(45) (44f Psoralea macrophylla -- Rowlee 
Biglcaf Scurtpca; 

(46) Ptcroglossaspis ecristata ^i (Femald) 
Rolfe; 

[•'ulophia; 

(47) Ptilimnium nodosum -- (Rose) Mathias 
I L'lrpcrcUa; 

(48) (-4?^ Pyxidanthera barbulata var. brevifoha 
- (Wells) /\hles 

Well's Pyxic-moss; 

(49) (4Si Rhus michauxii -- Sargent 
Michaux' False Sumac; 

(49) Sahutia kennodyana — Fom. 
Sea Pink; 

(50) (44) Sagittaria fasciculata - F.O. Beal 
Bunched /Vrrowhcad; 

(51) (44) Sarracenia jonesii -- Wherry 
Mountain Sweet Pitcher plant; 

(52) (44) Sarracenia oreophila -- (Kearney) 
W^ierry 

Green Pitcher Plant; 

(53) Schwalbea americana — L. 
Chaff seed; 

(54) (44f Scdum pusiUium — Michaux 
Puck's Orpine; 

(55) (44) Sedum rosea -- (L.) Scop. 
Roscroot; 

(56) (44) Scnecio schweinitzianus — Nuttall 
Robbins Groundsel; 

(57) (44^ Shortia galacifoUa - T. & G. 
Oconee Bells; 



(58) Sisyrinchium dichotomum ^i Bicknell 
Reflexcd Blue-eyed Grass; 

(59) (44) Solidago pulchra -- Small 
Carolina Goldenrod; 

(60) (4^ Solidago spithamaea - M.A. Curtis 
Blue Ridge Goldenrod; 

(61) (4^ Solidago vema - M.A. Curtis ex T. 
& G. 

Spring-flowering Goldenrod; 

(62) Spiraea Virginiana ^^^ Britton 
Virginia Spiraea; 

(63) (44>) Sporobolus heterolepis — Gray 
Prairie Dropseed; 

(64) Stylisma pickeringii var. pickeringii ^z 
(Torrcy ex M.A. Curtis) (jray 
Pickering's Morning Glory; 

(65) (44) Lhalictrum cooleyi — Ahles 
Coolcy's Mcadowme; 

(66) (43) Trillium pusillum — Michaux 
Carolina Trillium; 

(67) (44) Trisetum spicatum var. molle — (Mi- 
chaux) Beal 

Soft Trisetum. 

Statutory Authority G.S. 106-202.15. 

.0302 THREATENED PLANT SPECIES LIST 

As authorized by G.S. 106-202.12 through 
106-202.19 of the Plant Protection and Conser- 
vation Act of 1979, the North Carolina Plant 
Conservation Board hereby estabhshes the fol- 
lowing list of threatened plant species: 

(1) Amaranthus punulus -- Raf. 
Seabeach Amaranth; 

(4) Arethuda bulbosa — hr 

(2) (4) Cacalia rugelia — (Shuttl. exchapm) 
Barkley & Cronq. 

Rugel's Ragwort; 

(3) Camassia scilloides -- (Raf.) Cory 
Wild Hyacinth; 

(4-)- Calumo' . ilfa brovipilis — (Torroy) Scribnor 
Pti' i'e rbank Sandrood; 

(4) (4) Carex chapmanii — Steudel 
Chapman's Sedge; 

(5) (4) Carex conoidea -- WUld. 
Cone-shaped Sedge; 

(6) (4f Carex misera — Buckley 
Wretched Sedge; 

(7) (^ Carya Myristicaeformis -- (Michaux F.) 
Nuttall 

Nutmeg Hickory; 
(0) Corc ' op 'i isj latifolia — Michaux 

Broad loavod Ticknood; 
(44) Echinac e a la e vigata — (Boynton & B e adl e ) 

Smooth Coneflowor; 

(8) (44) Eleocharis halophila -- Ferald & Brack. 



NORTH CAROLINA REGISTER 



197 



PROPOSED RULES 



Split Spikcrush; 
(^)) (-!-?} Fimbristylis pcrpusilla -- Auth. 

( 10) H4) Gcum gcniculatum -- Michaux 
Bent Avcns; 

(1 1) (jvmnodcrma lincare -j^ (Evans) Yoshi- 
mura & Sharp 

(jnome I'inizcr lichen; 
f4--H (k'um rudiulum — Gray 
SpiL ' ading i\v e ns; 

( 12) f4-S-} I labenaria integra -- (NuttaU) Sprongel 
bellow I'ringcless Orchid; 

(13) f-l-(H Helonias bullata -- L. 
Sw;imp Pink; 

( 14) (4^ Hudsonia montana — Nuttall 
Mountain Golden Heather; 

( 1 5) (4-!^ Isoetes piedmontana -- (Pfeiffer) Reed 
Piedmont Quilhsort; 

(16) f+O) Liatns hellen -- (Porter) Porter 
Heller's Blazing Star; 

( 17) f34^ Lilaeopsis carolinensis -- Coult. & 
Rose 

Carolina Lilaeopsis; 

(18) (-3-H I ilium grayi -- Watson 
Ciray's Lily; 

(IQ) fOi^ Menyanthes trifoliata -- L. 
Buckbean; 

(20) (-24| M\ riophyUum laxum -- Schuttlew. ex 
Chapman 

Loose Watermilfoil; 

(21) (-?+) Nemopanthus coUinus -- (/Mexander) 
Clark 

Long-stalked Holly; 

(22) f^ Nestronia umbellula - Raf. 
Nestronia; 

(23) Rhexia aristosa -_^ Britton 
Awned Meadow - beauty; 

(-5^ Ptilimnium nodof . um — (Ros e ) Matliias 
Bi ' /ihop'o W^t'od ; 

(24) ir^ Rudbeckia heliopsidis -- T. & G. 
Sun-facing Coneflovver; 

(25) Sabatia Kcnnedyana -_^ I'em. 
Sea Pink, 

(26) f^ Schisandra glabra -- (Brickcl) Rehder 
Magnolia Vine; 

(27) (-3^ Schlothcmia lancifolia -- Bartr. 
Highlands moss; 

(28) (444) Senecio millefolium -- T. & G. 
Divided-leaf Ragwort; 

( 29) (444 Sporobolus teretifolius -- Harper 
Wireleaf Dropseed; 

(30) f44) Thelypteris simulata — (Davenp.) 
Nieuwl. 

Bog Fern; 

(31) (44} Trichomanes boschianum — Sturm ex 
Bosch 

Appalachian Filmy-fern; 

(32) (444 Trichomancs pctcrsii -- A. Gray 



Peter's Filmy-fern; 

(33) Trillium discolor — Wray ex Hook- 
Mottled Trillium 

(34) (44) Utricularia olivacea — Wright ex 
Grisebach 

Dwarf Bladderwort. 

Statutory Authority G.S. 106-202.15. 

TITLE 4 DEPARTMENT OF COMMERCE 

lyotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Cemetery Com- 
mission intends to amend rule(s) cited as 4 
NCAC 5C .0/03. 

1 he proposed effective date of this action is 
September I, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on June 8, 1989 at Room 2063. Dobbs 
Building, 430 North Salisbury Street, Raleigh. NC 
27611.^ 

(^ ommcnt Procedures: Written comments may 
be sent to the Cemetery Commission, 430 North 
Salisbury Street, Raleigh, NC 2761 1. Requests 
for opportunities to present oral testimony and a 
summary of the testimony must be received at this 
address by June 5, 1 989. 

CHAPTER 5 - CEMETERY COMMISSION 
SUBCHAPTER 5C - LICENSING 
SECTION .0100 - CEMETERIES 

.0103 CHANGE OF CONTROL 

Any entity wishing to purchase or acquire con- 
trol of an existing cemetery company shall first 
make written application to the Cemetery Com- 
mission on the Commission's Application for 
Change of Control. This form provides space for 
the name and address of the present and pro- 
posed owner, along with the name of the corpo- 
ration and the name of the cemetery. This form 
can be obtained by writing: 

North Carolina Cemetery Commission 
Post Office Box 25249 
Raleigh, North Carolina 27611. 
This form must be accompanied by a one hun- 
dred dollar ($100.00) filing fee. The commission 
also requires the following: 

(1) an examination be made to establish com- 
pliance to trust fund requirements; 

(2) a signed certificate assuming dif . olor . od li- 
abilities of the existing cemetery company; 



1 98 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(3) A« a financial structur e statement of the ex- 
isting cemetery company showing net worth; 

(4) certification by title insurance policy or by 
certificate of an attomey-at-law that the 
cemetery land, subject to appropriate acre- 
age requirements, is owned in fee simple, 
free an4 cbar of all encumbrances; 

(5) a financial statement of future proposed 
owner, showing net worth and a statement 
of the proposed owner's experience in the 
cemetery' business. 

No one shall take over the operation of a cem- 
etery company in anticipation of a change of 
control until all necessar>' information concern- 
ing that change of control has been submitted to 
the administrator of the Cemetery Commission. 
No one shall change control of a cemetery com- 
pany without first obtaining approval of the 
Cemeten,' Commission. 

Statutoty Authority G.S. 65-49; 65-53(2): 65-59. 

TITLE 10 - DEP.ARTMENT OF HUMAN 
RESOURCES 

Jyoticc is hereby gi\'en in accordance with G.S. 
I50B-I2 that the Department of Human 
Resources! Division of Facilitv Services intends to 
amend rule(s) cited as 10 NCAC 3R .2402, .2404 
- .2405, .2407 - .2408. 

1 he proposed effective date of this action is 
September 1, 1989. 

1 he public hearing will be conducted at 9:00 
a.m. on .May 31 , 1989 at Division of Facility Ser- 
vices, 701 Barbour Drh'e. Room 201 , Raleigh, NC 
27603. 

K^omment Procedures: Written comments con- 
cerning this amendment by May 31, 1989 to: 
Linda McDaniel, Dh'ision of Facility Services, 701 
Barbour Drive, Raleigh, NC 27603. Oral com- 
ments may be presented at the hearing. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTIFICATE OF ^EED 
REGLLATIONS 

SECTION .2400 - CRITERIA AND STANDARDS 

FOR INTERMEDIATE CARE 
FACILITV/MENTALLV RETARDED (ICF/MR) 

.2402 DEFINITIONS 

The definitions in this Rule will apply to all 
rules in this Section: 



(1) "Intermediate care facility for the mentally 
retarded or persons with related conditions 
(ICF/MR) services" means those services 
rendered in a facility or a part of a facility 
which is licensed and certified under state 
law with a primary purpose to provide 
health or habilitative services based on the 
developmental model and the principles of 
normalization for mentally retarded persons 
or persons with related conditions, e.g., epi- 
lepsy, cerebral palsy, autism. Such facility 
provides services to a mentally retarded in- 
dividual for whom requests for payment are 
made under a plan approved under Title 
XIX of the Social Security Act of 1965 
(Medicaid) and for whom active treatment 
is being given. 

(2) "Active treatment" means: 

(a) regular participation in professionally de- 
veloped and supervised activities, experi- 
ences, or therapies in accordance with an 
individual plan of care; 

(b) an individual plan of care which is a writ- 
ten plan setting forth measurable goals or 
behaviorally stated objectives and pre- 
scribing an integrated program of individ- 
ually designed activities, experiences or 
therapies necessary to achieve such goals 
or objectives; 

(c) an interdisciplinary professional evaluation 
consisting of complete medical, social, or 
psychological diagnosis and an evaluation 
of the individual's need for the facility's 
care, prior to admission but not to exceed 
three months before admission to the fa- 
cility or, in the case of individuals who 
make application while in such facility, 
before requesting payment under the plan; 

(d) re-evaluation medically, socially, and psy- 
chologically, at least annually by the staff 
involved in carrying out the resident's in- 
dividual plan of care, including review of 
the individual's progress toward meeting 
the plan of care, assessment of continuing 
need for facility care, and consideration 
of alternate methods of care; and 

(e) an individual plan (as part of the individ- 
ual's total plan of care) developed prior to 
discharge by a qualified mental retardation 
professional and other appropriate pro- 
fessionals, which includes the present res- 
idence, specifying the type of care and 
ser%ices that will be needed to enable the 
individual to function in a different envi- 
ronment and also includes provisions for 
protective supervision. 

(3) "Qualified .Mental Retardation Profess- 
ional" means: aiw »f A« following: 



NORTH CAROLINA REGISTER 



199 



PROPOSED RULES 



(rt) Fr . ychologir i t - A poyohologiot wrth- at tea^ 
a mar . tor's (Jogroo from a» accroditod pro 
grum aft4 wrtfe L . pL'ciulij;od training, ef eft» 
y«^«f t4 L'Kporiunco, ift V i orking wrtfe Ae 
mL'ntuUy rotardod; 

(4*) {'h^r . ician - A physician liconood undor 
otato law to practico modicino Bf O ' Jteopa 
»4*¥ aft4 with f . p fc> cialijx e d training, ©f eft© 
veaf t4~ oxpononco, » treating th« montally 
rotardod: 

fe^ I'ducator - Aft educator wrtfe a dogroo » 
education from aft accrt ' ditt ' d program aft4 
with c . pooialii'.od training, »f »ft# yeaf ©f 
L ' xpL ' rionce. ift worldng with A© m e ntally 
rotardod; 

fd-)- Social W'orkor - A social worker with a 
bacholor' j ' i dogro e ift social work from aft 
accroditod program. €* a bachoior's dogro g 

Cr I IV lU L.' 1 1 1 1. 1 TTTTZTT LTT.-'V lUJ •* '^' I IV HI HJ Lt l 

l#a^ throo years social ' ■ ' ■ ork oxperienoo 
undor A# supen'ision ©f a qualified social 
s' l orkor. m^ with spocialu'ed training, ef 
eft*» year »f expenonce. ift ' ■ ' ■ orlang with 
At* montally r e tard e d: 

fe^ Physical »f Occupational Therapist - A 
ph' i sical &f occupational therapist as d*- 
ft«^ H* 2« Gt* lO.vlKlKm) »f (^ aft4 
V i ho hrt^ spocialii'od training. e+ tH+e year 
t4 experience, ift treating tht» mentally fe- 
tarded: 

ff} Speech Pathologist e* Audiologist - A 
speech patholojist e* audiologist a* de- 
far4H% jft(-44i ■ 105.110 l(t) aft4¥rkeha& 
speciaL^'d trauimg. Bf eft© yeaf ef experi 
e nce, i» working w^ftl* tit© montally f©- 
tarded; 

(gl Registered Nurf © - A registered nurse ' ■ ' ■■ ho 
has spocialij'.ed training, e* eft© y©af ei 
expenonce. » treatmg A© mentally bs- 
tard e d: 

fh4 Thorapoutio Recreation Specialist - A 
therapeutic recreation spociahst who h* a 
graduat e ef aft accredited program aft4 
W ' h e r e appUcable, is licens . ed ef registered 
ift (4+© State. aft4 wfee has spocialij',od 
training, ef eft© year ef experience. i» 
v i orkmg with th© mentally retarded: 

fi4 P>. e habilitation Couns e lor - A rehabilitation 
counselor whe i* c e rtified by A© Com 
mi t tee eft Rohabditation Counselor Cer 
tification aft4 who has r f pociaib'od training. 
ef eft© yeaf ef e xperi e nc e , h* worlang with 
tl*© mentally retarded. 
a staff person in an ICF MR facilits' desig- 
nated to be responsible for supenising the 
implementation of each resident's indi\idual 
plan of care, integrating the \arious aspects 



of the facility's program, recording each resi- 
dent's progress and initiating periodic review 
of each indi\idual plan of care. A Q.M.R.P. 
must meet the minimum qualifications for 
employment as defined in the 45 CFR 249 
and 483. 

(4) "NonambulatoP i '" moano unablo te wallc 
without asoistanc e . 

f^ "Mobile nonambulatory" moano unablo te 
\\o\k v i ithout assiotanoo, btrt afel© to mo>e 

4 w,~i w-m »-^ I -1 .--j^ 4 J--V --^ I ■-■ ■ ~- ■-» 1 1 ■ < 4 t^ 4 1-A j-t 1 t L- 1-^ .-» -t ri ,4,-11 ■ .,-..-» 

II uin L'lLiw i\y L'lui-'i,' f ' i III I n^ urw err cr ut?^' ICv 

ouch as a waUcor, orutcheo, a wheel chair, ef 
a whoolod platform. 
(4) "Nonmobil e " means unablo to move freftt 

^TT^^^? ITT ^^Cre^^T 

{p^ "Health professions schools" moano a eel- 
leg© ef univ e rsity w4tk fields ef study p©f- 
taining to physical and or mental status. 
These fioldo fftay- include vocational ef e©- 
cupational preparation r e quiring advanced 
education aft4 practical training ift such ar- 
eas as m e dicine, nursmg. occupational thor 
afH^ physical therapy, psycholog; r' , speech 
therapy, special education, social work. aft4 
rehabilitation counseling. 

f^ "Interdisciplinary specialty center" means 

CtTT I\^' r^^-^^TT^ rCttTITT'^ ITT t'TtTTTTt T 111 TITTJ S rTTJTTWtTT 

ser < ice professions af© combined fef tl*© es- 
tabhshmont ef a comprehensive treatment 
aft4 habilitation program concentrated eft a 
specific developmental level ef behavior. 

(44 "Pto search center" moans aft ICF MP>. fo- 
cility designed fof careful, syst e matic resident 
study, research. aft4 investigation to discov e r 
ef establish facts ef principles ift a special 
i«?4 6©14 ef af©a ef mental retardation 
and or related conditions hy professionals 
educated aft4 trained ift scientific methods. 
Such a faciUty must pubhsh i» professional 
journals aft4 periodicals findings r e latis' e to 
th© research being conducted aft4 must pro 
¥i^ education aft4 training programs to 
other senice proi ^ id e rs ef th© mentally f©- 
tarded aft4 r e lat e d conditions. 

(4) "Catchment area" means the geographic 
part of the state served bv a specific area 
authority ("Area authontv" means the 
mental health, mental retardation, and sub- 
stance abuse authontv). 

Statuuvy Authority G.S. I3IE-I77( I ),(5). 

.2404 CAP.\Cn Y IN IIIE FACILITY AND 
IN THE HEALTH SERMCE AREA 

(a) Proposals to provide ICF MR sen.'ices 
must be consistent with the applicable North 
Carolma Stal e Health Plan (+1*© eft© ift effcHrt at- 
t4*© time th© roviesv penod begins). State Medical 



200 



NORTH CAROLINA REGISTER 



PROPOSED RULES 






Facilities Plan. aR4 tfe« i 
plan. 

(b) A proposal to provide new or expanded 
ICF/MR scn'ices must specify the number of 
ICF/MR beds to be operated following the 
completion of the proposed project. 

(c) A proposal to provide expanded ICF/MR 
beds will not be approved unless the overall av- 
erage occupancy, over the three months imme- 
diately preceding the submission of the proposal, 
of the total number of ICF/MR beds within the 
facility in which the new beds are to be operated 
was at least 90 percent. 

(d) A proposal to provide ICF/MR beds must 
comply with one of the following models: 

(1) small residential, five six beds or less, 
ICF/MR community-based freestanding 
facility, i.e., group home model; or 

(2) community-based 15 beds or less, 
ICF MR facility to be developed when 
there arc insutTicient community-based 
resources or services a\ailable in the 
county or surrounding catchment area to 
adequately meet the needs of the popu- 
lation to be served. 

(-3) community baC f od, -14 b e ds ©f les^r 
ICFMR facility oon'ing m>jntally rotaidod 
poroono ' . ' ■ ho aw* nonmobilij. nonambula 
tor> ' , Of mobik ' nonambulatory: 

^ stat e operated mental retardation cent e rs 
converting exii . ting beds te- ICFMR bedn; 

f4> health profession schools, int e rdisciplinary 
specialty centers, aft4 research centers 
proposing a residential facilit' < ' larger than 
\^ ICF MR bed* btrt- sot- te exceed m 
ICFMR t»e4^ 

(e) There shall be no more than two residential 
facilities housing a combined total of J_5 persons 
on contiguous pieces of property. 

Statutory^ Authority G.S. I3IE-I77( I ),(5). 

.2405 SCOPE OF SERMCES OFFERED 

(a) A proposal to provide new or expanded 
ICFMR sen'ices must be able to demonstrate 
that all current applicable licensure standards will 
be met. Documentation must be presented to 
indicate that all ser\'ices required by law eaft be 
prosidod. 45 CFR 249.13 will be available as 
needed. 

(b) The application must include a copy of the 
admission discharge policies and specify the pro- 
posed working relationship with the Area /\u- 
thontv and its Intcragcncx' Council regarding 
admissions and discharges of persons in the 
gram. 

Statutory Authority G.S. I3IE- 177( I ),(5). 



.2407 PROJECTED RESIDENT ORIGIN 

(a) A proposal to provide new or expanded 
ICF/MR services must project resident origin by 
percentage by county of residence. All assump- 
tions, including the specific methodology by 
which resident origin is projected, must be clearly 
stated. 

(b) A proposal to provide new or expanded 
ICF/MR services must show that at least 80 
percent of the anticipated resident population 
will be within 90 minutes automobile driving 
time (one-way) from the facility with the excep- 
tion that this standard may be waived for the 
following: 

{Vf faciliti e s sp e cified m standard .2 ' 1Q ' 1(d)(3), 
aft4 (4^ f4^ »f A» Section; 

(1) f^ residents leaving state regional mental 

retardation centers and psychiatric hospi- 
tals and entering community ICF/MR fa- 
cilities; 

(2) (^ proposals to ser\'e exclusively one of the 

following related conditions: autism, epi- 
lepsy, cerebral palsy. 

Statutory Authority G.S. 131 E-I77( I ),(5). 

.2408 SITE: BL ILDING .\ND EQUIPMENT 

(a) A proposal to provide new or expanded 
ICFMR services must specify the site on which 
the services are to be operated. If such site is 
neither owned by nor under option to be bought 
by the proponent, the proponent must provide a 
written commitment to diligently pursue acquir- 
ing the site if and when health planning approvals 
are granted, must specify a secondary site on 
which the services could be operated should ac- 
quisition efforts relative to the primary site ulti- 
mately fail, and must demonstrate that the 
primary and secondary sites are available for ac- 
quisition. 

(b) A proposal to provide new or expanded 
ICF/MR services must clearly demonstrate that 
consideration has been given to the factors that 
may delay or prevent the development or offering 
of services on the proposed site. 

(c) A proposal to provide new or expanded 
ICF/MR services must provide satisfactor>' as- 
surances that the services will be provided in a 
physical environment that conforms to the re- 
quirements of federal, state, and local regulatory 
bodies. 

(d) A proposal to provide new or expanded 
ICFMR services must consider the site location 
in relation to the a\ailability of developmental 
services outside the facility. 

(e) A proposal to provide new or expanded 
ICF/MR seryices shaU be located within 60 mi- 



NORTH CAROLINA REGISTER 



201 



PROPOSED RULES 



nutcs automobile dri\ing time (one-way) of the 
residents' day program(s). 

(f) A proposal for new or expanded ICF MR 
scnices must have adequate pro\isions for indi- 
vidual space, outdoor spac e , aft4 activitiec. and 
access to recreation areas and acti\'ities. 

Sialuloty Authority G.S. 1 31 E-177 { I ),(5). 

TITLE 1 1 DEPARTMENT OF 
rSSLRANCE 



i\ otice is hereby given in accordance y.-ith G.S. 
I50B-I2 that the S'.C. Department of Iruurance 
intends to repeal nde{s) cited as 1 1 S'CAC JO 
.0309 - .03/1. 



No 



Th 



he proposed effective dale of this action is 
September I. I9S9. 

1 he public hearing will be conducted at 10:00 
a.m. on May 31 , I9S9 at Third Floor Hearing, 
Dobbs Building, 430 S. Salisbury Street, Raleigh, 
SC 2^611. 



Co 



omment Procedures: Written comments may 
be sent to Charles Swindell. P.O. Box 263S^. Ra- 
leigh. \C2'^6//. Oral presentations may be made 
at the public hearing. Anyone having questions 
should call Charles Swindell at (9/9) 733-3368, 
or Linda Stott at (9/9) 733-4700. 

CHAPTER 10 - KIRE AND CASUALTY 
DIMSION 

SECriON .0300 - RLLES AND 
INTERPRETATIONS 

.0309 IN\ ESTMENT INCOME DATA- 

CERIU ICATION TO COMMISSIONER 

(REPEALED) 
.0310 ALDITED DATA: AITO- 

CERIIEICATION TO COMMISSIONER 

(REPEALED) 

Statuioty Authority G.S. 5S-9; 5S-25./; 
5S-/24./S(d); 59-/24.20. 

.031 1 AL DITED DATA: HOMEO^^>.ERS AND 
W ORKERS' COMPENSATION 
(REPEALED) 

Statutory- Authority G.S. 58-9: 58-25./; 
5S-/24./8i d); 58-/24.20(c). 

TITLE 15 - DEPARTMENT OF NATl RAL 

RESOl RCES AND COMMIAITV 

DEVELOPMENT 



otice is hereby given in accordance with G.S. 
/50B-/2 that the Division of En\-ironmental Man- 
agement (Environmental M anagement Commis- 
sion) intends to amend rules cited as 15 SCAC 
2B .02/6. .0310 - .0312. .0315 - .0317. 

1 he proposed effecth-e date of this action is 
January /, 1990. 

1 he public hearing will be conducted at the fol- 
lowing locations, dates and time: 

Columbia 

June 6. 1989 - 7:00 p.m. 

Madge I' an Home .Auditorium 

Columbia High School 

Main Street 

Columbia, AC 

Morehead City 
June 7, /989 - 7:00 p.m. 
Joslyn Hall-Carteret 
Community College 
3505 Arendell Street 
Morehead City, AC 

Wilmington 

June 8. /989 - 7:00 p.m. 

Bryan Auditorium, Morton Hall 

USC- W liming ton 

60/ South College Road 

Wilmington. AC 



Co 



-omment Procedures: All persons interested in 
this matter are invited to attend. Comments, 
data, statements and other information may be 
submitted in writing prior to, during or within 30 
days after the hearing or may be presented orally 
at the hearing. So that all persons desiring to 
speak may do so, statements may be limited at the 
discretion of the hearing officer(s). .^11 persons 
making oral presentations are requested to submit 
a written copy to the hearing officer(s). For more 
information contact Gregory Thorpe. Di\-ision of 
Environmental Management, P.O. Box 27687, 
Raleigh, SC (9/9) 733-5083 (Zip 2~611). 

CHAPTER 2 - ENMRONMENTAL 
MANAGEMENT 

SLBCIIAPTER 2B - SURFACE \\ ATER 
STANDARDS: MONITORING 

SECTION .0200 - CLASSIFICATIONS AND 

WATER QUALITY STANDARDS APPLICABLE 

TO SURFACE WATERS OF NORTH CAROLINA 



202 



NORTH C.AROLIN.A REGISTER 



PROPOSED RULES 



.0216 Ol TSTANDINC; RESOLRCE WATERS 

(c) Quality Standards for ORW. 

(1) I'rcshwatcr: Water quality conditions 
shall clearly maintain and protect the 
outstanding resource values of waters 
classified ORW. Temporary and short- 
term changes in water quality may be 
permitted provided that interim water 
quality will maintain existing uses. A 
public hearing is mandatory for any pro- 
posed permits to discharge to waters clas- 
sified as ORW. Additional actions to 
protect resource values will be considered 
on a site specific basis during the pro- 
ceedings to classify waters as ORW and 
will be specified in Paragraph (e) of this 
Rule. These actions may include any- 
thing within the powers of the commis- 
sion. The commission will also consider 
local actions which have been taken to 
protect a water body in determining the 
appropriate state protection options. 

(2) Saltwater: Water quality conditions shall 
clearly maintain and protect the out- 
standing resource values of waters classi- 
fied ORW. No pennancnt degradation 
of water qualit\" will be allowed. Tempo- 
raPt' and short -tcnn changes in water 
qualilN ma\ be pemiitled pro\idcd that 
intenm water quality \\ ill maintain exist- 
ing uses. Management strategies to pro- 
tect resource \alues will be de\eloped on 
a site-spccilic basis during the proceedings 
to classify waters as OR W . .\t a mini- 
mum, new de\elopment will comply with 
the low density options as specified in the 
Stomiwater Runoff Disposal rules ( 16 
NC.AC 2H .11)03 (a)(2)) within 575 feet 
of the mean high water line of the desig- 
nated ORW area. New non-discharge 
permits will be required to meet reduced 
loading rates and increased butter zones, 
to be determined on a case-bv-case basis. 



Paragraph (e) of this Rule. These actions 
may include ainthing within the powers 
of the commission. The commission will 
also consider local actions which have 
been taken to protect a water body in de- 
termining the appropriate state protection 
options. 
(e) Listing of Waters Classified ORW with 
Specific Actions. Waters classified as ORW with 
specific actions to protect exceptional resource 
values are listed as follows: 

(4) In the following designated watcrbodies. 
no additional restrictions will be placed 
on new or expanded marinas. The only 
new or expanded NI'DliS pennitted dis- 
charges that will be allowed will be non- 



domestic, 
discharges 



non-process 



industrial 



(A) The Alligator River Area (Pasquotank 
River Basin) extending from the source 
of the Alligator River to the U.S. I hgh- 
wav 64 bndge including New I ake l-ork, 



151 



North West Fork /Vlligator River, Juniper 
Creek, Southwest l-ork Alligator Ri\er, 
Scouts Bay, Gum Neck Creek, Georgia 
Bay, Winn Bay, Stumpy Creek Bay, 
Stumpy Creek. Swann Creek (Swann 
Creek l.ake), WHiipping Creek (Whipping 
Creek I ake), Cjrape\ine Ba\ , Rattlesnake 
Bay, The Straits. 1 he bning I'an. Coop- 
ers Creek, Babbitt Bay, Goose Creek, 
Milltail Creek. Boat Bay, Sandv Ridge 
Gut (Saw\er 1 ake) and Second Creek, 
but excluding the Intracoastal Waterway 
(Pungo River-Alligator River Canal) and 
all other tnbutar\' streams and canals. 
In the Following designated watcrbodies, 
the only t\pc of new or expanded marina 
that will be allowed will be those marinas 
located in upland basin areas. The only 
new or expanded N1M)FS permitted dis- 
charges that will be allowed will be non- 



No dredge or fill activities will be allowed 



domestic, 
discharges. 



non-process 



industrial 



where significant fish or shellfish or sub- (A) The Neuse-Southeast Pamlico Sound 



merged aquatic \egetalion bed resources 
ma\ occur, except for maintenance 
dredging, such as that required to main- 
tain access to existing channels and facili- 



ties located within the designated areas or 
maintenance drcdgmg for activities such 
as agnculture. A public hearing is man- 
datory' for an\' proposed permits to dis- 
charge to waters classified as 0R\^^ 
Additional actions to protect resource va- 
lues will be considered on a site specific 
basis during the proceedings to classify 
waters as ORW and will be specified in 



Area (Southeast Pamlico Sound ;\rea 
(Southeast Pamlico Sound Section of the 
Southeast Pamlico, (^ore and Back 
Sound Area): (Neuse River Basin) in- 
cluding all waters within an area defined 
by a line extending irom the southern 
shore of Ocracoke Inlet northwest to the 



Tar- Pamlico River and Neuse River basin 
boundar\', then southwest to Ship Point. 
(B) "Ihe Core Sound Section of the South- 
east Pamlico. Core and Back Sound j\rea 
(White Oak River Basin) including all 
waters of Core Sound and its tributaries 



NORTH CAROLINA REGISTER 



203 



PROPOSED RULES 



but cxcludina Nelson Bay, the Atlantic 
I larhor Restncted /\rca and those tnbu- 



southem shore of Marker's Island back to 
Core Sound. 



tancs of .larrctt Bav that are closed to 



fishiiu^ 



(C) Ihc Western Boizue Sound Section of 
the Western Bogue Sound and Bear Is- 
land Area (White Oak River Basin) in- 
cludmi; all waters within an area defined 
by a line fro in Bogue Inlet to the main- 
land at S_R 1117 to a line across Bogue 
S(Hind trom the southwest side of Gales 
Creek \o_ Rock Point, lncludin.^ Deer 
Creek. Taylor Bay, Archer Creek, Sanders 
Creek and the hitracoastal Waterway. 

(D) I he Stump Sound .Area ( (^ape I'ear 
Rner Basin) including all waters of Stump 
Sound and .Alligator Bay trom marker 
Number 17 to the western end of I'er- 
muda Island, but excluding Rogers Bay, 



(C) The Bear Island Section of the Western 
Bogue Sound and Bear Island Area 
(Wfiite Oak River Basin) including all 
waters within an area defined by a line 
from the western most point on Bear Is- 
land to the northeast mouth of (joose 
Creek on the mainland, east to the south- 



the Kings Creek Restricted Area and MiU 
Creek. 



west mouth ot' Queen Creek, then south 
to .green marker No. 49, then northeast to 
the northern most point on Iluggins Is- 
land^ then southeast along the shoreline 
of \ luggins Island to the southeastern 
most point of I luggins Island, then south 
to the northeastern most point on fjudlcy 
Island, then southwest along the shoreline 
o|' Dudley Island to the eastern tip of Bear 
Island. 
(D) The Masonboro Sound /\rca (Cape 
I car River Basin) including all waters be- 
tween the Barrier Islands and the main- 



(L-') T he Topsail Sound and Middle Sound 
Area ( (\ape Fear River Basin) including 
all esluanne waters from New lopsai] In- 

let to Mason Inlet, including the Intra- , ^ ^ 

c~as~d^V:;i;^s^^7Tnd Howe O^-kTIH Statuio,y Authority G.S. 14^-214.1. 



land from Carolina Beach Inlet to 
Masonboro Inlet. 



excluding Pages Creek and lutch Creek. 



LO 



he I ockwcHids l-ollv Rner Area 
(I umber Ri\er Basin ) includes all waters 
ot^ the lower I ockwoods 1 oll\ Rner in 
an area extending north from tlie Intra- 



coastal Waterway to a line extendmg from 
Cjcnocs Point to Mullet Creek. 
(6) In the following designated waterbodics, 



no new or expanded NI'DI S pennitted 
discharges and no new or expanded man- 
nas will be allowed. 
(A) The Swanquarter Bay and Juniper Bay 
Area (far- Pamlico Ri\cr Basin) including 
all waters within a line beginning at Juni- 
per Bay Point and running south and then 
west below Great Island, then northwest 
to Shell Point and including Shell Bay, 



Swanquarter and Juniper Ba\ s and their 
tnbutaries. btit excluding the Blowout 



Canal. Ihdeland Canal 
and Quarter Canal. 



Juniper Canal 



(B) The Back Sound Section of the South- 
east Pamlico. Core and Back Sound /\rea 
(White Oak Ri\er Basin) including that 
area o\_ Back sound extending from Core 
Sound west along Shackletord Banks, 



SECTION .0300 - ASSIGNMENT OF STREAM 
CLASSIFICATIONS 

.O.MO ITMBER RIVER B.\SIN 

(c) The Lumber River Basin Schedule of 
Classification and Water Quality Standards was 
amended effective: 

(1) March 1, 1977; 

(2) December 13, 1979; 

(3) September 14, 1980; 

(4) Apnl 12, 1981; 

(5) Apnl 1, 1982; 

(6) l-ebruary I, 1986. 
{JX December 1, 1989. 

(d) The Schedule of Classifications and Water 
Quality Standards for the I, umber River Basin 
was amended effective December j_^ 19,89 by the 
reclassification of I ockwoods I-'oUy River (Index 
No. 15-25- 1(16) from a line across I ockwoods 
I -oily Ri\'er from Genoes Point to .Mullet Creek 
to Intracoastal Waterway was reclassified from 
Class SA to Class SA ORW. 



then north to the western mt^st point of 
■Middle Marshes and along the northeast 
shore of .Middle M<lrshe^ (to include all 
ot^' Middle Marshes), then west to Rush 
Point on Ilarkcrs Island, and along the 



Statutory Authority G.S. 143-214. 1; 143-215. 1: 
l4.^-2l5.3(a){I). 

m\ I CAPE FEAR Rl\ ER BASIN 

(b) The Cape F'ear River Basin Schedule of 
Classifications and Water Quality Standards was 
amended effecti\e: 
(I) March I, 1977; 



204 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(2) December 13, 1979; 

(3) December 14, 1980; 

(4) August 9, 1981; 

(5) Apnl 1, 1982; 

(6) December 1, 1983; 

(7) January 1, 1985; 

(8) August 1, 1985; 

(9) December 1, 1985; 

(10) February 1, 1986; 

(11) July 1, 1987; 

(12) October 1, 1987; 

(13) March 1, 1988; 

(14) June 1, 1988; 

(15) July 1, 1988. 

(16) December 1, 1989. 

(e) The Schedule of Classifications and Water 
Quahtv Standards for the Cape tear River Basin 
has been amended etiectivc December \_^ 1989 as 
follows: 

Intracoastal Waterway (Index No. 18-87) 
from southem edge of White Oak River 
Basin to western end of Permuda island 
(a line from .Moms Landing to Atlantic 
Ocean), from the eastern mouth of Old 
Topsail Creek to the southwestern shore 
of 1 lowc Creek and from the southwest 
mouth of Shinn Peek to channel marker 
No. 1 53 including all tnbutanes except the 
King Creek Rcstncted /Vrea. Hardison 
Creek, Old Topsail Creek, Mill Creek, 
Futch Peek and Pages Creek were re- 
classified from Class 



m 



01 



SA t_o Class SA 

ORW. 

Topsail Sound and Middle Sound ORW 
Area which includes all waters between 
the Barrier Islands and the Intracoastal 
Waterway located between a hne runmng 



from the western most shore of .Mason 



Inlet to the southwestern shore of 1 lowe 
Creek and a line running from the western 
shore of New Topsail Inlet to the eastern 
mouth of Old Topsail Creek u'as reclassi- 
fied from Cla.ss SA to Class SA ORW. 
(3) Masonboro Sound ORW .Area which in- 



cludes all waters between th' 
and 



lands 



from the 



Bamer Is- 

mainJand from a line 

southwest mouth of 



running 

Shinn Creek at the Intracoastal Waterway 
to the southem shore of Masonboro Inlet 
and a line running from the Intracoastal 
Waterwa\ Channel marker No. I 53 to the 
southside of the Carolina Beach Inlet was 
reclassified from Class SA to Class SA 
ORW. 



Statutory Authority G.S. 143-214.1; 1 43-2 1 5. 1; 
l43-215.3(a)(l). 



.0312 WHITE OAK RIVER BASIN 

(b) The White Oak River Basin Schedule of 
Classification and Water Quality Standards was 
amended effective: 

(1) December 13, 1979; 

(2) June 1, 1988; 

(3) December 1, 1989. 

(c) The Schedule of Classifications and Water 
Quality Standards for the White Oak River Basin 
has been amended effective December T, 1989 as 
follows: 



01 



Intracoastal Waterway (Index No. 19-39) 
from northeastern boundary of Cape Tear 
River Basin to Davbeacon No. 17 includ- 
ing all unnamed bays, guts, and channels, 
except Rogers Bay and Mill Creek and 
Intracoastal Waterway (Index No. 19-41) 
from the northeast mouth of Goose Creek 
to the southwest mouth of Queen Creek 
were reclassified from Class SA to Class 
SA ORW. 



lil 



(2) Bear Island ORW Area, which includes 
all waters within an area north of Bear 
Island defined bv a line from the western 
most point on Bear Island to the north- 
east mouth of (joose Creek on the main- 
land, cast to the southwest mouth of 
Queen Creek, then south to .green marker 
No. 49, then northeast to the northern 
most point on Iluggins Island, then 
southeast along the shoreline of Iluggins 



Island to the southeastern most point of 
Iluggins Island, then south to the north- 
eastern most point on Dudley Island, then 
southwest along the shoreline of Dudley 
Island to the eastern tip of Bear Island to 
the western mouth of T'oster Creek in- 
cluding (row Channel were reclassified 
from Class SA to Class SA ORW. 



(3) Bogue Sound (including Intracoastal Wa- 
terway from White Oak Rher Basin to 
Beaufort Inlet) (Index No. 20-36) from 
Bogue Inlet to a Ime across Bogue Sound 
from the southwest side of mouth of Ga- 
les Peek to Rock Point and all tributaries 
except I lunting Island Creek, Goose 
Creek, and Broad Creek were reclassified 



from Class SA to Class SA ORW. 



Core Sound (Index No. 21-35-7) from 
northern boundan' of White Oak Ri\er 
Basin (a line from Hall Point to Daim 
Inlet) to Back Sound and all tributaries 
except .Atlantic Harbor Restricted Area, 
Nelscm Bay, Jarrett Bay, Willis ton Creek, 



Wade Creek and Middens Creek were re- 
classified from Class SA to Class SA 
ORW. 



NORTH CAROLINA REGISTER 



205 



PROPOSED RULES 



(5) 



Back Sound (Index No. 21-35) from a 
point on Shacklcford Banks at lat^ 34 de- 
crees 40' 57" and long 76 decrees 37' 30" 
north to the western most point of Middle 
Marshes and alona the northwest shore- 
hne of Middle Marshes (to include all of 
Middle Marshes) to Rush Point on 
Harkers l^land and along the southern 
shore of Harkers Island back to Core 



Sound and all tnhutanes were reclassified 
from Class SA to Class SA ORW. 



Statutory' Authority G.S. 143-214.1; 143-215. 1; 
I43-2I5.3(a)(l). 

.0315 NKl SE RI\KR BASIN 

(b) The Neuse Ri%er Basin Schedule of Clas- 
sification and Water Quality Standards was 
amended effective: 

(1) March 1. 1977; 

(2) December 13, 1979; 

(3) September 14, 1980; 

(4) August 9, 1981; 

(5) Januarv 1, 1982; 

(6) April 1, 1982; 

(7) December 1, 19S3; 

(8) January 1, 1985; 

(9) August 1, 1985; 

(10) February 1, 1986; 

(11) Mav 1, 1988; 

(12) July 1, 1988: 

(13) October 1, 1988. 

(14) December 1. 1989. 

(e) 'I he Schedule of Classifications and Water 
(Jualitv Standards for the Neuse Ri\cr i^asm has 
been amended etfectne December 1. 19K9 as fol- 



lows: 



(1) Neuse-Southcast Pamlico Sound ORW 



Area which includes all waters within a 
line bcLanning at the scuithwest tip of 
Ocracoke Island, and extendintz north 
west aloni: the far- Pamlico l-li\er Basin 
and Neuse Ri\er Basin boundary line to 
I at. 35 degrees 06' 30". thence in a 
southwest direction to Ship Point and all 
tributaries, were reclassified from Class SA 
NSW to Class S,\ NSW ORW. 



(21 



(,\ire Sound ( Index No. 27-149) from 
northeastern limit of White Oak Rner 
Basin [a line from Hall Point to Drum 
Inlet) to Pamlico Sound and all tnbutar- 
ies. except I horotare. .John Day Ditch 
were reclassified from Class SA NSW to 
Class SA NSW ORW. 



Statutnn .Authority G.S. 143-214.1: 143-215.1; 
l43-2l5.3ia){lj. 



.0316 T.\R-PAMLICO RIVKR B.\SIN 

(c) The Tar- Pamlico River Basin Schedule of 
Classification and Water Quality Standards was 
amended effective: 

(1) March 1, 1977; 

(2) November 1, 1978; 

(3) June 8, 1980; 

(4) October 1, 1983; 

(5) June 1, 1984; 

(6) August 1, 1985; 

(7) Pebruar)' 1, 1986; 

(8) August 1, 1988; 

(9) December 1, 1989. 

(e) The Schedule of (Classifications and Water 
Quality Standards for the Tar- Pamlico Riser 
Basin has been amended elTectivc December _P 
19S9 by the reclassification of Pamlico Riser and 
Pamlico Sound ( Index No. 2^-(27)) which in- 
cludes all waters uithin a line beginning at Juni- 



per Bay Point and running due south to 1 at. 35 
degrees 18' 00", long. 76 degrees 13' 20", thence 
due west to lat 35 degrees IS' 00", long 76 de- 
grees 20' 00", thence northwest to Shell Point and 
including Shell Bay. Swanquarter and Juniper 
Bays and their tributanes, but excluding the 
Blowout. IK'deland Canal, Juniper Canal and 
Quarter Canal were reclassified from Class SA 
and SC to SA ORW and SC ORW. 



Statutoiy Authority G.S. 143-214.1: 143-215.1; 
143-215.3(a)(l). 

.0317 P.VSQLOTANK RIVER BASIN 

(c) The Pasquot;mk River Basin Schedule of 
Classifications and Water Quality Standards was 
amended etfective; 

(1) 

(2) 

(3) 

(4) 

(5) 

iM 



.March 1, 1977; 

Mav 18, 1977; 

December 13, 1979; 

Januan,' 1, 1985; 

February 1, 1986; 

December 1. 1989. 

The Schedule of Classifications and Water 
Quality Standards for the Pasquotank River Ba- 
sm was amended elfccti\e December \j_ 1*^89 by 
the reclassification of .Alligator River [Index Nos. 
30-16(1) and 30-16-(7)| from source t_o l.S. 
Hw\ . M and all tnbutanes except Swindells Ca- 
nal. Flonda (?:mal. New Fake, Fairlield Canal, 
Carters Canal. Dunbar Canal and Intracoastal 
Walerwa\ ( Pun go Ri\er - .Vlligator Ri\er Canal) 
were reclassified from C Sw and SC Sw to C Sw 
ORW and SC Sw ORW. 



Statutofy Authority G.S. 143-214.1; 143-215.1; 
143-2l5.3(a)(l). 



206 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



1\ otice is hereby given in accordance with G.S. 
1 508- 1 2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as 15 NCAC lOB .01 15. 

1 he proposed effective date of this action is 
September I, 1 989. 

1 he public hearing will be conducted at 7:00 
p.m. on June 12, 1989 at Alt. Pleasant High 
School Auditorium, Highway 49, Mt. Pleasant, 
North Carolina. 

Cx omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from May 
29, 1989 to June 27, 1989. Such written com- 
ments must be del'rvered or mailed to the N.C. 
Wildlife Commission, 512 N . Salisbury St., Ra- 
leigh, NC 27611. 

CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

SUBCHAPTER lOB - HUNTING AND 
IRAPPINC. 

SECTION .0100 - GENERAL REGULATIONS 

.01 15 SHINING LIGHTS IN DEER AREAS 

(a) It having been found upon sufficient evi- 
dence that certain areas frequented by deer are 
subject to substantial unlawful night deer hunt- 
ing, or that residents in such areas have been 
greatly inconvenienced by persons shining lights 
on deer, or both, the shining of lights on deer in 
such areas is limited by Paragraphs (b) and (c) 
of this Rule, subject to the exceptions contained 
in Paragraph (d) of this Rule. 

(b) No person shall, between the hours of 1 1 :00 
p.m. and one-half hour before sunrise, inten- 
tionally shine a light upon a deer or intentionally 
sweep a light in search of deer in the indicated 
portions of the following counties: 

(1) Beaufort -- entire county; 

(2) Bladen -- entire county; 

(3) Brunswick - entire county; 

(4) Camden -- entire county; 

(5) Chowan -- entire county; 

(6) Currituck — entire county; 

(7) Duplin -- entire county; 

(8) Edgecombe -- entire county; 

(9) Franklin -- entire county; 

(10) Gates — entire county; 

(1 1) Granville — entire county; 

(12) Greene — entire county; 



Hertford -- entire county; 

Hoke -- entire county; 

Hyde — entire county, except that part 
of the county described in Paragraph (c) 
of this Rule; 

Jones -- entire county; 

Lxnoir -- entire county; 

Martin — entire county; 

Montgomery -- entire county; 

Nash — entire county; 

Orange -- entire county; 

Pamlico — entire county; 

Pasquotank -- entire county; 

Pender — entire county; 

Perquimans — entire county; 

Pitt -- entire county; 

Richmond -- entire county; 

Robeson — entire county; 

Sampson -- entire county; 

Tyrrell — entire county; 

Vance -- entire county; 

Wake -- entire county; 

Warren -- entire county; 

Washington -- entire county; 

Wayne -- entire county. 
No person shall, between the hours of 
one-half hour after sunset and one-half hour be- 
fore sunrise, intentionally shine a light upon a 
deer or intentionally sweep a light in search of 
deer in the indicated portions of the following 
counties: 

(1) Alamance -- entire county; 

(2) Alexander -- entire county; 
Alleghany -- entire county; 
Anson -- entire county; 
Ashe - entire county; 

Avery — that portion south and east of 
Highway 221; 
Burke -- entire county; 
Cabarrus -- entire countv; 



(13 
(14 
(15 



(16 
(17 
(18 
(19 
(20 
(21 
(22 
(23 
(24 
(25 
(26 
(27 
(28 
(29 
(30 
(31 
(32 
(33 
(34 
(35 



(c) 



(3) 
(4) 
(5) 
(6) 



(7) 
(81 



(9) f^ Caldwell -- entire county; 

(10) (^ Caswell -- entire county; 

(11) f44} Catawba -- entire county; 

(12) f+4-^ Chatham -- entire county; 

( 13) {4^ Clay -- entire county; 

(14) f4-^ Cleveland — entire county; 

(15) f44) Cumberland — entire county; 

( 16) (4-^ Davidson -- entire county; 

(17) f46^ Davie -- entire county; 

(18) f4^ Gaston — entire county; 

(19) (+8^ Guilford — entire county; 

(20) f4% Halifax -- entire county; 

(21) f20) Henderson -- entire county; 

(22) f^ Hyde -- that part bounded on the 
north by a line running parallel with and 
1000 yards in a northward direction from 
that part of SR 1304 that leads from 
Hodges' Fork to Rose Bay, on the east 



NORTH CAROLINA REGISTER 



207 



PROPOSED RULES 



by the Mattamuskcct National Wildlife 

Refuge boundar>', on the southeast by L'S 

264, and on the west and southwest by a 

line running parallel with and 1000 yards 

in a west or southwest direction from the 

centerline of SR 1304; 

(-3^ Iredell -- entire county; 

i-SM Johnston -- entire county; 

(-34-^ l.ce -- entire county; 

(4^ Lincoln -- entire county; 

(4^ McDowell -- entire county; 

(3^ Mecklenburg -- entire county; 

f3^ Mitchell -- entire county; 

(4^ Northampton -- entire county; 

frU^ Person -- entire county; 

frM^ Polk -- entire county; 

fr4+ Randolph -- entire county; 

(-^M Rockingham -- entire county; 

(44+ Rowan -- entire county; 

(44+ Rutherford -- entire county; 

(4^ Scotland -- that part lying west of 

L'S 401 north of Laurinburg and north of 

L'S 74 west of Laurinburg; 

(4^ Stanly -- entire county; 

(4% Stokes -- entire county; 

(4^ Surr\' -- entire county; 

(40+ Trans\'l\ania -- entire county: 

(44+ L'nion -- entire county; 

(44+ Watauga -- entire county; 

(44+ W'llkes -- entire county; 

(44+ '^'adkin -- entire county; 

(44^ Yancey -- entire county. 

Paragraphs (b) and (c) of this Rule shall 

construed to prevent: 

the lawful hunting of raccoon or opossum 

during open season with artificial lights 

designed or commonly used in taking 

raccoon and opossum at night; 

the necessar)' shining of lights by land- 
holders on their own lands; 

the shining of lights necessary to normal 
travel by motor vehicles on roads or 
highways: or 

the use of lights by campers and others 
who are legitimately in such areas for 
other reasons and who are not attempting 
to attract or to immobilize deer by the use 
of liahts. 



Staiuion- Authority G.S. 113-134: 113-291.1. 



•k-k-ki^-^-k-k-k-k-k-k^-k^-k-k-k-k 



1231 
(24) 

(26) 

[221 
[2Si 
(291 
(301 
(31) 

im 

(34) 

Li?) 

(36) 
(37) 



138) 
031 
(40) 
(41) 

a2) 

(43) 
(44) 
(45) 
(46) 

(d) 
not be 

(1) 



(2) 
(3) 

(4) 



cited as J 5 XCAC I OB .0117; 15 SCAC WD 
.0002 - .0003; 15 NCAC I OF .0336, .0343. 

1 he proposed effective date of this action is 
September I, 1989. 

1 he public hearing will be conducted at 10:00 
a.m. on May 31, I9S9 at Room 386, Archdale 
Building, 5f2 .\. Salisbury Street. Raleigh, North 
Carolina. 



Co 



■ omment Procedures: Interested persons may 
present their views either orally or in writing at the 
hearing. In addition, the record of hearing will 
be open for receipt of written comments from May 
16, 1989 to June 15, 1989. Such written com- 
ments must be deH\-ered or mailed to the N.C. 
Wildlife Commission, 512 A. Salisbury St., Ra- 
leigh, SC 2761 1 . 

.0117 RKPLACEMENT COSTS OF WILDLIFE 
RESOLKCES 

(c) Costs of Replacement. Based on the fac- 
tors listed in Paragraph (b) of this Rule, including 
the June, 1980, consumer price index of 247.6 
percent of the 1967 base, the following wild ani- 
mals and wild birds are listed with the estimated 
replacement cost of each individual specimen: 



Species 



Replacement Cost 



No 



otice is hereby gi\'en in accordance with G.S. 
1 508- 1 2 that the Xorth Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 



Any endangered species 


$2,300.00 


Any threatened species 


2,000.00 


Any other species with 




no open season 


25.00 


Beaver 


48.00 


Black Bear 


1,035.00 


Crow 


2.00 


Deer 


279.00 


Dove 


6.00 


Duck 


19.00 


Fox 


41.00 


Goose 


58.00 


Grouse 


17.00 


Mmk 


35.00 


Muskrat 


9.00 


Nutria 


7.00 


Opossum 


3.00 


Otter 


300.00 


Pheasant 


17.00 


Quail 


14.00 


Rabbit 


6.00 


Raccoon 


27.00 


Rail 


17.00 


Skunk 


9.00 


Snipe 


12.00 


Squirrel, fox 


25.00 


Squirrel, gray and red 


8.00 



208 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Tundra swan 

Weasel 

Wild boar 

Wildcat 

Wild turkey 

» Woodcock 
\ 

K 



500.00 

5.00 

350.00 

300.00 

4mm 500.00 

12.00 



Statutory' Authority G.S. J 13-/34; J J 3-267. 

SUBCIIAPTKR lOD - G.\ME L.ANDS 
REGLLATIONS 

.0002 GENERAL REGULATIONS REGARDING 
USE 

(d) Game Lands License. 
(1) Hunting and Trapping: 

(A) Requirement. Except as provided in 
Part (B) of this Subparagraph, any person 
entering upon any game land for the pur- 
pose of hunting, trapping, or participating 
in dog training or field trial activities must 
have m his possession a game lands li- 
cense m addition to the appropriate hunt- 
ing or trapping licenses. Any person 
horseback riding on Game Lands owned 
by the Wildlife Resources Commission 
must ha\e in their possession a current, 
valid game lands license. 

(B) L.xceptions: 

(i) A person under 16 years of age may 
hunt on game lands on the license of 
his parent or legal guardian, 
(ii) The resident and nonresident 

sportsman's licenses include game lands 
use privileges, 
(iii) Judges and nonresidents participating 
in field trials under the circumstances 
set forth in Subsection (e) of this Rule 
may do so without the game lands li- 
cense, 
(iv) On the game lands listed in Rule 
.0003 (d) (1) of this Subchapter the 
game lands hcense is required only for 
hunting doves; all other acti\'ities are 
subject to the control of the landown- 
ers. 
.(2) Trout Fishing. Any person 16 years of 
age or over, including an individual fisliing 
with natural bait in the county of his res- 
idence, entering a game land for the pur- 
pose of fisliing in designated public 
mountain trout waters located thereon 
must have in his possession a game lands 
license in addition to the regular fishing 
license and special trout hcj^nse. The 
game lands license is not required to fish 
in that part of Slick Rock Creek which 
coincides with the Tennessee State line, 



or when fishing from boat on Calderwood 
l^e. The resident and nonresident 
sportsman's licenses and short-term com- 
prehensive fishing licenses include trout 
fishing privileges on game lands. 

Statutory Authority G.S. 113-134; 113-264; 
II3-270.3; 113-291.2; 1 13-291.5; 113-305; 113- 
306. 

.0003 HUNTING ON GAME LANDS 

(c) TiiTie and Manner of Taking. Except where 
closed to hunting or Limited to specific dates by 
these regulations, hunting on game lands is per- 
mitted during the open season for the game or 
furbearing species being hunted. On managed 
waterfowl impoundments, hunters shall not enter 
the posted impoundment areas earlier than 4.00 
a.m. on the permitted hunting dates, and hunting 
is prohibited after 1:00 p.m. on such hunting 
dates; decoys may not be set out pnor to 4:00 
a.m. and must be removed by 3:00 p.m. each 
dnv On Butner-Falls of Keuse, New Hope and 
Shearon Harris Game Lands waterfowl hunting 
is limited to the period from one-half hour before 
sunnse to 1:00 p.m. on the open hunting days. 
No person shall operate any vessel or vehicle 
powered by an internal combustion engine on a 
managed waterfowl impoundment. 

No person shall attempt to obscure the sex or 
age of any bird or animal taken by severing the 
head or any other part thereof or possess any 
bird or animal wliich has been so mutilated. 

No person shall place, or cause to be placed on 
any game land, salt, grain, fruit, or other foods 
without prior written authorization of the Com- 
mission or its agent and no person shall take or 
attempt to take any game birds or game animals 
attracted to such foods. Ne- porcon r . hall Hse aft 
alectronio calling dovico f»f Ae purpor . o ef at- 
tracting wiW- hirdr. ef ¥414 animalo. 

No U\'e wild animals or wild birds shall be re- 
moved from any game land. 

Statutory Authority G.S. 1/3-134; 113-264; 
113-291.2; 113-291.5; 113-305. 

SUBCHAPTER lOF - MOTORBOATS AND 
WATER SAFETY 

SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0336 NORTH AMI'TON COUNTY 

(a) Regulated Area. This Rule applies only to 
that portion of Lake Gaston which lies within the 
boundaries of Northampton County. 

(b) Speed Limit Near Ramps. No person shaU 
operate a vessel at greater than no-wake speed 



NORTH CAROLINA REGISTER 



209 



PROPOSED RULES 



within 50 \ards of any public boat launching 
ramp while on the waters of Ciaston I^ke in 
Northampton County. 

(c) Speed Limit in Mooring Areas. No person 
shall operate a vessel at greater than no-wake 
speed while within a marked moonng area es- 
tablished with the approval of the Executive Di- 
rector, or his representative, on the waters of 
Gaston lake in Northampton County. 

(d) Speed 1 imit Near Bndge. No person shall 
operate a \cssel at tzreatcr than no-wake speed 
withm 50 \ards on cither side of the I'ea Hill 
Creek Bndize. 



(e) f4^ Restricted Swimming Areas. No person 
operating or responsible for the operation of a 
vessel shall permit it to enter any marked public 
swimming area established with the approval of 
the Executive Director, or his representati\'e, on 
the waters of Gaston I.^e in Northampton 
County. 

(f) fe^ Placement and Maintenance of Markers. 
The Board of Commissioners of Northampton 
County is designated a suitable agency for place- 
ment and maintenance of the markers imple- 
menting tlris Rule, subject to the approval of the 
I'nited States Coast Guard and United States 
.\rm\ Corps of Engineers. With regard to 
markuig CJaston l.ake, all of the supplementary 
standards listed in Rule .0301(g) of this Section 
shall appl\ . 

Statutory Authority G.S. 75.4-3; 75A-I5. 

.O.M.^ CIIATII AM COLNTY 

(a) Definitions. In addition to the definitions 
set forth in Paragraph (b) of Rule .0301 of this 
Section, the following definitions applv in this 
Rule: 

(1) Corps - Corps of engineers, United States 
Army; 

(2) Regulated Area - That portion of the B. 
E\ercttc Jordan Reservoir located within 
the boundaries of Chatham County. 

(b) Speed Limit. No person shall operate a 
vessel at greater than no-wake speed on the reg- 
ulated area as folknvs: 

public 



(c) Restricted Swimming Areas. No person 
operating or responsible for the operation of any 
vessel, surfboard or water skis shall permit the 
same to enter any marked swimming area located 
on the regulated area. 

(d) Placement and Maintenance of Markers. 

The Board of Commissioners of Chatham 
County is designated a suitable agency for place- 
ment and maintenance of the markers imple- 
menting this Rule, subject to the appro\al of the 
corps. With regard to marking the regulated area 
described in Paragraph (a) of tliis Rule, the sup- 
plementary standards listed in Subparagraphs (1) 
through (8) of Rule .0301(g) of this Section shall 
apply. 

Statutory Authority G.S. 75A-3: 75A-I5. 

TITLE 25 - OFFICE OF STATE 
PERSOXNEL 

1\ otice is hereby gti'en in accordance with G.S. 
1 508- 1 2 that the Office of State Personnel/ State 
Personnel Commission intends to amend rute(s) 
cited as 25 NCAC II .1307, .1312 - .1313. 

1 he ptvposed effecti\-e date of this action is 
September I. 1989. 

1 he public hearing will be conducted at 9:00 
a.m. on .lune 15, 1989 at Personnel Development 
Center, 101 W. Peace Street. Raleigh. S'orth Ca- 
rolina. 



Co 



(1) within 50 yards of any public boat 

launching ramp; locat e d »«■ tfee r e guhitt'd 

area; 
(2| withm the restricted zone adjacent to the 

Crosswinds Marina located north of US 

64 and west of SR 1008 as indicated by 

markers located with approval of the Ex- 
ecutive Director of the Wildlife Resources 

Commission; 
Ql within 100 teet of the US 64 bndge, NC 

751 bndize. and the three SR lOOS bndges, wrsjlv grievance procedure, tluv . e which tk* al- 



ommcnt Procedures: Interested persorts may 
present statements orally or in writing at the 
hearing or in writing prior to the hearirig by mail 
addressed to: Drake Maynard, DSP, l'l6 W. 
.lones Street. Raleigh, NC'276II. 

CHAI'TKR I - OFFICE OF STATE PERSONNEL 

SLBCIIAPTER II -SERMCE TO LOCAL 
GOVERNMENT 

SECTION .1300 - DISCIPI INAR^ ACTION: 
SUSPENSION ANH DISMISSAL 

.1307 APPEALS 

(a) A pennanent employee who has been de- 
moted, suspended reo e isod a written ef final 
' . vaniing or boon dismissed shall have 15 calendar 
days from the date of his receipt of written notice 
of such action to file an appeal with his agency 
department uni\'ersitv griewance procedure. 
Gne\'ances which do not allege discrimination 
must follow the depart mental department uni- 



210 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



l^ge dij f criminution may, fri- tfee olootion »f \kt% 
L'lnpkP i OL'. procot'd throuiih A*» Jopartmoiital 
procedur e ef prooood diruotly te t+H* Stat e ■PtH^ 
Doiinul Commiijiiion. An appeal of a final de- 
partmental or university decision must be tiled in 
accordance with G.S. 150B-23 and within 30 
calendar davs of receipt of the fmal agency deci- 
sion. 

(b) A direct app e al te the Stat e Poroonnol 
(3ommir .' . . ion alleging Grievances which allege 
discrimination ma^^, at the election of the em- 
pknce. prticeed through the department or uni- 
versity procedure or proceed drrectly to the State 
Personnel Commission (SPC') for a hearins bv 
the Olhce of Administrati\e 1 learings (OAH) and 
a decision bv the SP('. A direct appeal to the 
Sl'C (such appeal in\ol\ing a contested case 
hearing bv the OAH and a recommended deci- 
sion bv that agenc\- to the Sl^C^) alleging dis- 
crimination must he tiled in accordance with G.S. 
150B-23 and must be filed with t4^ commiii 'i ion 
withm 30 calendar days of the alleged discrimi- 
natory act. A final agency decii . ion may be ap- 
peak'd to t4%i? Stat e Port . onnel Commii i'. ion, fof a 
conte ' . i ted ««* heunng by tl+e OffiCL> ef iVdminir . 
trativo 1 loanng ' j aftd a decu . ion by Ae State Pei^ 
nonnel Commin ji ion. Such aft appeal must be 
filed \v ithin :W calendar days »f receipt »f the final 
agency deci '. ion. 

(c) if t4te empki>ee » unable to olitain a final 
agency deci ' . . ion h+ a rea '. onablL ' pericid e+ time, 
then the employee may proceed w+tb hi* app e al 
to the State Pen ' Onnel Commi '. r . ion as stated m 
th+j Rule. Reque ji t ji foF hearing by tbe (Jtfice ef 
Admiiii ;. trative 1 learings under tk» Rule Griev- 
ances filed on an untimelv basis (see (i.S. 126-35, 
G.S. 126-36 and G_S_ 126-3S) must ^4»^f be dis- 
missed. Allegations of discrimination raised 
more than 30 calendar days after receipt of notice 
of the occurrence of the alleged the employ ee 
l e arned «+ the allegedly discnininatop> action act 
must be dismissed, without heanng!). 

Statutory Authoritv G.S. 126-4; 126-35; 126-37; 
1 26-38; Chapter I'SOB, Article 3. 

.1312 SI SI'ENSION 

Investigatory or disciplinary suspension may be 
used by management in appropriate circum- 
stances. IIowe\cr, the following provisions shall 
control its use: 

(1) An employee who has been suspended for 
either investigatory or disciplinary reasons 
must be placed on compulsor>' leave of ab- 
sence without pay. 

(2) Investigatory suspension without pay may 
be used to provide time to investigate, es- 
tablish facts, and reach a decision concerning 



an employee's status in those cases where it 
is determined the employee should not con- 
tinue to work pending a decision. Investi- 
gatory suspension without pay may be 
appropriately used to provide time to sche- 
dule and hold a pre-dismissal conference. 
Also, management may elect to use investi- 
gatory suspension in order to avoid undue 
disruption of work or to protect the safety 
of persons or property. An investigatory 
suspension without pay shall not exceed 45 
calendar days. However, an agency head 
may, in the exercise of his discretion, extend 
the period of investigatory suspension with- 
out pay beyond the 45-day limit. The em- 
ployee must be informed in writing of the 
extension, the length of the extension, the 
specific reasons for the extension and his 
right of appeal. A copy of the above com- 
munication shall be sent to the State Per- 
sonnel Director and the Department of 
Human Resources Regional Personnel Di- 
rector. If no action has been taken by 
management by the end of 45 calendar days 
and no extension has been made, one of the 
foOowing must occur: Reinstatement of the 
employee with fuU backpay; appropriate 
disciplinary action based on the results of 
the insestigation; reinstatement of the em- 
ployee with up to three days pay deducted 
from the backpay. (See Subparagraph (4) 
of this Rule.) 

(3) Investigatory suspension of an employee 
shall not be used for the purpose of delaying 
an administrative decision on an employee's 
work status pending the resolution of a civil 
or criminal court matter involving the em- 
ployee. 

(4) An employee who has been suspended for 
investigatory reasons may be reinstated with 
up to three days pay deducted from his sal- 
ary'. Such determination is to be based upon 
management's determination of the degree 
to which the employee was responsible for 
or contributed to the reasons for the sus- 
pension. This period constitutes a discipli- 
nary- suspension without pay and must be 
effected in accordance with Subparagraphs 
(5) and (6) of this Rule. 

(5) An employee may be suspended without 
pay for disciplinary purposes for causes re- 
lating to any form of personal conduct or in 
conjunction with a final written warning for 
performance of duties. However, a discipli- 
nar\' suspension without pay must be for at 
least one fuU working day, but not more 
than three working days. Prior to placing 
an employee on disciplinary suspension 



NORTH CAROLINA REGISTER 



211 



PROPOSED RULES 



wit 



tluiut pay, a management representative 



shall conduct a pre-suspcnsion conference 
uith the emplosee. I his conlerence shall 
he earned out in the same fashion as a pre 



dismissal conference . 
(6) An employee who has been suspended 
without pay must be furnished a statement 
in writing setting forth the specific acts or 
omissions that are the reasons for the sus- 
pension and the employee's appeal rights. 
NMaere suspension is for disciplinary reasons, 
a copy of the statement shall be forwarded, 
through administrative channels, to the 
Employee Relations Division of the Office 
of State Personnel for the purpose of moni- 
toring the policy use. 

Staiuton- Authority G.S. 126-4. 

.1313 DEMOTION 

(a) An>' employee may be demoted as a disci- 
plinary measure. Demotion may be made on the 
basis of either unsatisfactory job pcri'ormance or 
unacceptable personal conduct. 

(1) Job Peribrmance. .-Vn employee may be 
demoted for unsatisfactory job perform- 
;uice after the employee has received at 
least two prior warnings on his perform- 



ance. At least one of the warnings pnor 
to demotion must be in writing. 

(2) Personal Conduct. An employee may be 
demoted for unacceptable conduct with- 
out any prior warnings. Cause for de- 
motion on the basis of personal conduct 
does not have to be as serious as cause for 
dismissal. 

(3) Notice. An employee who is demoted 
must receive written notice of the specific 
reasons for the demotion, as well as notice 
of his appeal rights. 

(b) Disciplinary demotions may be accom- 
plished in several ways. The employee may be 
demoted to a lower classification with or without 
a loss of pay. Or the employee may be reduced 
to a lower step in the same pay grade with a 
corresponding loss of pay. In no event shall an 
employee's pay be lowered below step one of his 
current pay grade, unless the employee is de- 
moted to a lower classification. 

(c) Prior to the decision to demote an em- 
ployee for disciplinary reasons, a management 
representative must conduct a pre-demotion 
contcrence with the cmpknee. This pre-demo- 
tion conference shall be accomplished in the 
same fashion as the pre-dismissal conference. 

Statutorx' Authority G.S. 126-4. 



21. 



\ORTH CAROLINA REGISTER 



NC AC INDEX 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 

1 Administration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 Elections, State Board of 

9 Govemor, Office of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 I^bor, Department of 

14A Crime Control and Public Safety, Department of 

15 Natural Resources and Community Development, Department of 

16 Public Education, Department of 

17 Revenue, Department of 

18 Secretary of State, Department of 
19A Transportation, Department of 
20 Treasurer, Department of State 

*21 Occupational Licensing Boards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Independent Agencies 

25 State Personnel, Office of 

26 Administrative Hearings, Office of 

NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPTER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Examiners, Board of 

12 General Contractors, Licensing Board for 

14 Cosmetic Art Examiners, Board of 

16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Foresters, Board of Registration for 

21 Geologists, Board of 

22 Hearing Aid Dealers and Fitters Board 
26 Landscape Architects, Licensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Family Therapy Certification Board 

32 Medical Examiners, Board of 

33 Midwifery Joint Committee 

34 Mortuar>' Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 Optometry, Board of Examiners m 



NOR TH CA ROLINA REGIS TER 2 13 



NC AC INDEX 



44 Osteopathic Hxamination and Registration, Board of 

46 I'harmacy, Board of 

48 Physical Therapy Examiners, Board of 

50 Plumbing and Heatmg Contractors, Board of 

52 Podiatry Examiners, Board of 

53 Practicing Counselors, Board of 

54 Practicing Psychologists, Board of 

56 Professional Engineers and Land Surveyors, Board of 

58 Real Estate Commission 

60 Refrigeration Examiners, Board of 

62 Sanitarian Examiners, Board of 

63 Social Work, Certification Board for 

64 Speech and Language Pathologists and 

Audiologists, Board of Examiners of 

66 Veterinary Medical Board 



214 NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1989 - March J 990 J 



1989 - 


1990 




Pages 




Issue 


1 - 151 

52 - 192 

93 - 216 




..1 - April 

..2 - April 
..3 - May 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporarv' Rule 



ADMINISTRATIVE ORDER 

Administrative Order, 4, 152 

AGRICULTURE 

N.C. Plant Consenation Board, 196 PR 
Plant Industry, 153 PR 

COMMERCE 

N.C. Cemetery Commission, 198 PR 

FINAL DECISION LE H ERS 

Voting Rights Act, 5, 193 

FINAL RULES 

List of Rules Codified, 183 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1 

IIU.MAN RESOURCES 

Facility Services, 199 PR 

Health Services, 153 PR 

Medical Assistance, 158 PR 

Mental Health: Mental Retardation and Substance Abuse Sen,ices, 17 PR 

Vocational Rehabilitation Services, 7 PR 



NORTH CAROLINA REGISTER 215 



CUMULA TIVE INDEX 



INSl RANCE 

I'ire and Casualty Division, 202 PR 

I.ICKNSING BOARDS 

North Carolina Certification Board for Social Work, 179 PR 

NATL RAL RESOURCES AND CO.MMLAITY DE^ ELOPMENT 

Community Assistance. 134 PR 

Economic Opportunitv, 178 PR 

Environmental Management, 18 PR, 160 PR, 202 PR 

Marine Fisheries, 47 PR 

\\'ildlife Resources and Water Safety, 134 PR, 178 PR, 207 PR 

STATE PERSONNEL 

State Personnel Commission, 181 PR, 210 PR 

LRANSPORTATION 

Division of Motor Vehicles, 140 FR 



216 \0R TH CAROLINA REGIS TER 



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